The list of jointly owned assets may not be complete because the applicant may not be legally entitled to all the required information about the asset. click here to watch our video on probate and probate lawyers. In Form GA2, the applicant must now list: This is a list of assets located within or outside Alberta, such as land, bank accounts, investment accounts, shares in companies, annuities, life insurance, household goods, and personal effects. There is now one consolidated notice form for all beneficiaries and other interested parties. A Grant of Probate is a court document, issued by the Surrogate Division of the Court of Queens Bench of Alberta, which confirms or validates the Executors authority to distribute the deceaseds Estate. Lastly, if you want more information you can watch and learn from, click here to watch our video on probate and probate lawyers. There is a will, but the appointed personal representative has died, or is otherwise unwilling or unable to take on the responsibilities. MerGen Law LLP is committed to answering your questions without all the confusing legal jargon. Personal Representative (Executor): Should I Take the Job? The people with the right to make funeral arrangements and deal with a deceased persons remains are: The Funeral Services General Regulations provides a priority list of who has the authority to make funeral arrangements. We also have an Edmonton office to help people there. Get the help you need today. This occurs most frequently but is not limited to estates involving real estate, investments or corporations. The Centre for Public Legal Education respectfully acknowledges that we are located on Treaty 4, 6, 7, 8 and 10 territories, the traditional lands of First Nations, Mtis, and Inuit. If no one else is administering the estate, creditors can also choose to apply to administer the estate themselves in order to collect on the debt. GA3 Notice to Beneficiaries and Other Interested Parties (CTS12966), GA4 Notice to the Public Trustee (CTS12967), GA8 Affidavit of Witness to a Will (CTS12971), GA9 Affidavit of Handwriting (CTS12972), GA10 Affidavit Verifying Translation of a Non-English Will (CTS12973), GA12 Reservation of Right to Apply for a Grant (CTS12975), GA14 Beneficiarys Consent to Waive or Reduce Bond (CTS12977), GA15 Notice to Creditors and Claimants (CTS12978), GA16 Statutory Declaration of Publication (CTS12979), GA17 Statutory Declaration by Creditors and Claimants (CTS12980), GA18 Renunciation of Trusteeship (CTS12981), MP1 Application for an Order Appointing a Trustee of a Minors Property (CTS12985), MP2 Affidavit on Application for an Order Appointing a Trustee of a Minors Property (CTS12986), MP3 Minors Consent to Appointment of Trustee (CTS12987), MP4 Notice to Parent or Guardian of Application to Appoint a Trustee of a Minors Property (CTS12988), MP5 Notice to Public Trustee of Application to Appoint a Trustee of a Minors Property (CTS12989), MP6 Response of Parent or Guardian to Application to Appoint a Trustee of a Minors Property (CTS12990), MP7 Order Appointing a Trustee of a Minors Property (CTS12991), NC 1 Application by personal representative(s) for a grant (CTS3893), NC 2 Affidavit by the personal representative(s) on application for a grant (CTS3894), NC 5 Schedule 3: Personal representative(s) (CTS3897), NC 6 Schedule 4: Beneficiaries (CTS3898), NC 6.1 Acknowledgement of Trustee(s) (CTS12274), NC 7 Schedule 5: Inventory of property and debts (CTS3900), NC 8 Affidavit of witness to a will (CTS3901), NC 9 Affidavit of handwriting of deceased (CTS3902), NC 10 Affidavit verifying translation of non-English will (CTS12276), NC 11 Affidavit of witness to signature (CTS12277), NC 12 Renunciation of probate (CTS12278), NC 12.1 Renunciation of trusteeship (CTS12603), NC 13 Reservation of right to apply for grant of probate (CTS12279), NC 14 Renunciation of administration with will annexed (CTS12280), NC 15 Renunciation of administration (CTS12281), NC 16 Nomination and consent to appointment of personal representative (CTS12282), NC 17 Affidavit to dispense with a bond (CTS12284), NC 19 Notice to beneficiaries (residuary) (CTS3915), NC 20 Notice to beneficiaries (non-residuary) (CTS3916), NC 21 Notice to beneficiaries (intestacy) (CTS3920), NC 22 Notice to spouse of deceased Matrimonial Property Act (CTS12289), NC 23 Notice to spouse/adult interdependent partner of deceased Family Maintenance and Support (CTS12293), NC 24 Notice to dependent child of the deceased Family Maintenance and Support (CTS12294), NC 24.1 Notice to the Public Trustee (CTS12295), NC 25 Affidavit regarding missing or unknown beneficiaries (CTS12296), NC 28 Application by the attorney for the personal representative(s) for a grant (CTS12299), NC 29 Affidavit by the attorney for the personal representative(s) on application for a grant (CTS12300), NC 30 Application by a personal representative for a grant of double probate (CTS12301), NC 31 Affidavit by a personal representative on application for a grant of double probate (CTS12302), NC 32 Application by the personal representative(s) for a resealing or ancillary grant (CTS12303), NC 33 Affidavit by the personal representative(s) on application for a resealing or ancillary grant (CTS12304), NC 34 Notice to Creditors and Claimants (CTS12305), NC 34.1 Statutory Declaration of Publication (CTS12306), NC 35 Statutory declaration by creditors and claimants (CTS12316), NC 43 Application for a grant of trusteeship of the estate of a minor child (CTS12317), NC 44 Affidavit on application for a grant of trusteeship of the estate of a minor child (CTS12318), NC 45 Election of a trustee by a minor (CTS12319), NC 46 Notice concerning a minor child (CTS12320), NC 46.1 Notice to Public Trustee of application to appoint a trustee of a minors property (CTS12604), NC 46.2 Response of Parent or Guardian to application to appoint a trustee of a minors property (CTS12605), NC 48 Order appointing a trustee of a minors property, Order a Surrogate Rules and Forms Package - A User's Guide for Grant Applications. We often receive calls from individuals who live in Calgary and have been appointed as the Executor of a parents Estate. The information collected here is about the applicants and their right and priority to apply for the grant. ptD.{\T*"^m0:"lEZf+q) %"{\w>>UP5M[U/>DpdRf_64a$)[S?a'-"oy^c/EpHH[PJ(aoOkE,%oy#7-MA 7,]lk3W!vcer=71Ld= The funeral home will submit the application to the Alberta government. ALBERTA PROBATE FORMS The following Probate forms are required by the Alberta Surrogate Rules, to apply for a Probate Grant: These Alberta Probate forms are also required to apply for These include when there is a minor child interested in the estate, a missing beneficiary, or the Public Trustee is the trustee for a beneficiary of the estate. For example, the benefits of adding an adult child to the title of your home in hopes of avoiding probate may be outweighed by the risk of claims against your property from a divorce or lawsuit against your adult child. 0 _[- BAG uDq?QM`fj3 These applications often allow people to legally sell or manage estate assets in weeks. A Grant of Probate must be obtained by the personal representative to prove that the will is valid in certain cases. The grant provides official confirmation of a personal representative, protecting these kinds of third-party organizations. At times this happens under the direction of the courts. Most applicants will have to prepare and submit to the Court the following GA forms to get a grant: Below is a more detailed description of these forms. To fill in and save the form: If you are still having problems opening the form, contact PDF form technical support. Unless extreme time sensitivity exists, a few days or weeks often cause no problematic issues for the estate. For example, a house requires monthly expenses, proper ongoing attention, repairs, maintenance, etc. Members of the Law Society filing grant applications other The personal representative will need to contact the deceased persons bank to inquire. Anything that deals with time sensitive assets, assets that rapidly depreciate or require a lot of work or money to maintain and more. Its sensible for you to reach out to us or another Calgary probate lawyer, even if your loved one passed away out-of-province. |`e. Information provided was current as of publication date of issue . Because the testator (the person who created the will) appoints the personal representative in the will, the personal representative does not have to wait to receive the grant before beginning to manage the estate. You may find yourself unsure of which grant to apply for or whether you need to apply at all and an estates lawyer will guide you towards the best option. The forms required for a Grant of Administration when there is no Will are slightly different. The OPGT charges fees to help offset the cost of settling an estate. The Public Trustee will consider getting involved only if: The Public Trustee does not become involved in family disputes or provide legal advice. The following people must receive this form: The applicant must provide notice of the application to the Public Trustee in certain circumstances. What you should know When to apply for a grant of administration When someone dies, their property must be dealt with. In these situations, on completion of the sale, the sale proceeds sit in the estates bank account and wait for the final probate order. Of course, people must prioritize attending to and protecting the estates assets. A grant of probate is a document signed by a Justice of the Court of Queens Bench of Alberta, that confirms the validity of a deceaseds last Will and affirms the Executors authority to distribute the deceaseds assets pursuant to that Will. All fields are required unless otherwise indicated. Until the court issues this order, no person has the legal right to make decisions for the estate. A probate lawyer often helps ensure that this process moves smoother and quicker than when people attempt this process themselves. You must file Surrogate Forms, publish a Notice to Claimants in a newspaper, service Notices on beneficiaries that you are seeking this appointment, and file the application with the Court of Queens Bench. LawNow is a registered trademark in Canada. To apply for a Grant of Administration you should reach out to a qualified wills and estates attorney who can help you begin the process. You will NOT receive a reply on your feedback. Some assets frequently cause more stress and work to deal with through the estate administration process. endstream endobj 3061 0 obj <>stream There is also a new requirement that the applicant provide the Court with proof of death. If your estate is non-contentious no one is challenging it the forms are available online. This gives a legal right to a person to make those decisions. * If worried, please call for direction. Clients often have questions about the probate process, and rightfully so. Getting a Grant of Probate or Administration - CPLEA.CA Getting a Grant of Probate or Administration Getting a Grant of Probate or Administration Booklet with detailed Forms to apply for a grant of administration can be found online or you may wish to have a lawyer assist you. determine if the represented adult has any other claims against the estate, accept the represented adults share of the estate, a NC24.1 form (one form for each minor who is a beneficiary). Often, the savings in maintaining the assets, paying a mortgage, utilities and insurance, more than offset this cost. Our lawyers help when you need it. Administering an estate is a legal matter. In addition, we advise you if using a Limited Grants of Probate best benefits the estate or not. The personal representative or executor of the estate is responsible for arranging this but family or friends may do so if there is no personal representative or executor. Further information on this service and locations can be found on the Court and Justice Services (CJS) website. The Surrogate Rules of Court set out many of the rules that personal representatives must follow and the forms they must complete when applying to the Court of Queens Bench in Alberta for a grant of probate [Read more] ?YHD!7* UkhTKZc77FS,Th-b'&mLZ0mq7}z@q|BcP=O#Uq3?(siNB}:)A1k BNz&$PY&xmJO2$U0!y@M2A 2WxXJ/?cb@#4pc'HC76b9JC:xu:5i N}(&!u7>|;\Rjm0gbex5Zkw'@k4y56?oNa^t>KfoBtx-6#uQE"Kz For example, assets that a quick probate order assists with include: The process for Limited Grants of Probate closely resembles the actual probate process. All fields are required unless otherwise indicated. Government of Alberta Subject Members of the public, or their lawyers complete this form to notify beneficiaries and other parties with an interest in the deceased's estate that they are Looking for articles like this one to be delivered right to your inbox? Save the PDF form to your computer click or right-click the link and download the form. Once we complete the limited grant the rest of the probate follows suit. Essentially, the order is used for the preservation or property or converting property into another form (for example, money) which is more easily managed. All applications must be submitted using the GA forms. hL If you have any questions about how your probate application might be impacted, you can reach out to the probate registry or a lawyer. One of the goals of the surrogate reform project was to simplify the forms and reduce the duplication of information required under the NC forms. The applicant must serve Form GA2 Inventory on the residuary beneficiaries (as part of Form GA3 Notice) and must file it with the Court when they file Form GA5 Affidavit of Service. Another important change is that Form GA2 Inventory is no longer part of the primary application (Form GA1). This means the Court clerks do not review the Inventory. If no one else can, the public trustee will consider managing an estate if the beneficiary is a minor or represented adult. acknowledging they must carry out the core tasks of a personal representative, which are: identifying the estate assets and liabilities, satisfying the debts and obligations of the estate, distributing and accounting for the administration of the estate, in agreement with the deceaseds intentions as set out in the will/codicil (if there is one), with the care, diligence, and skill that a person of ordinary prudence would exercise in comparable circumstances where a fiduciary relationship exists, give proper notice of the application to those entitled to receive notice and serve the Form GA2 Inventory on those entitled to receive it, if the value of any asset or debt is to be determined, serve an amended Form GA2 Inventory on those persons entitled to receive one when updated information is available, acknowledge they must distribute the estate as soon as practicable, acknowledge they will get a signed Form GA20 from any trustee before distributing property to that trustee, undertake to notify all beneficiaries and persons with potential claims against the estate who were identified in the application by providing them with notice when the Court issues the grant, agree to faithfully administer the deceaseds estate according to law and give a true accounting of their administration to the persons entitled to it when lawfully required, the deceaseds assets located within Alberta as well as those assets located outside Alberta, and. We understand that there is more to you than the legal inquiry that brought you in. Jiz39=uC2! qapg[NmJ3VmQ*7NBD`g,H:]B\yqtXNnf @FOu&^;90=+ qufJfEZe{Oe6Ys "N]aL)uGYa Xjd'| hVYoF+h#p>$1r%@KkE The new rules and forms came into effect on June 15, 2022. In situations where the sale of the estates real property already occurred, a limited grant application helps! These fillable forms are for legal professionals and people who are representing themselves under the Surrogate Rules in the Court of King's Bench dealing with matters of: Fillable PDF forms do not open properly on some mobile devices and web browsers. See probate fees in Alberta. After submitting this application, the lawyer then continues with the final order. Not every form must be used in every case. A persons personal residence is the asset that most frequently benefits from Limited Grants of Probate. You can apply for probate yourself online or by post. Do NOT include personal information. Whats the Difference Between Civil, Family & Criminal Law? LnRiLWZpZWxke21hcmdpbi1ib3R0b206MC43NmVtfS50Yi1maWVsZC0tbGVmdHt0ZXh0LWFsaWduOmxlZnR9LnRiLWZpZWxkLS1jZW50ZXJ7dGV4dC1hbGlnbjpjZW50ZXJ9LnRiLWZpZWxkLS1yaWdodHt0ZXh0LWFsaWduOnJpZ2h0fS50Yi1maWVsZF9fc2t5cGVfcHJldmlld3twYWRkaW5nOjEwcHggMjBweDtib3JkZXItcmFkaXVzOjNweDtjb2xvcjojZmZmO2JhY2tncm91bmQ6IzAwYWZlZTtkaXNwbGF5OmlubGluZS1ibG9ja311bC5nbGlkZV9fc2xpZGVze21hcmdpbjowfQ==, ICAgQG1lZGlhIG9ubHkgc2NyZWVuIGFuZCAobWF4LXdpZHRoOiA3ODFweCkgeyAgICAgfSBAbWVkaWEgb25seSBzY3JlZW4gYW5kIChtYXgtd2lkdGg6IDU5OXB4KSB7ICAgICB9IA==. A request for a grant of probate is used to ask the court to confirm that the person named in the will has the authority to administer the estate. @$ ( The Public Trustee cannot arrange for someone to be reimbursed for funeral expenses, unless the Public Trustee is administering the estate. 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Catherine Susan Dorsey,